Remulla on ICC 'drug war' probe: Show us the evidence, we will prosecute

A relative of a victim of an extra-judicial killing attends a memorial mass ahead of All Soul's Day to remember loved ones slain in the government's war on drugs, at the Commission on Human Rights in Manila on October 29, 2021.
AFP / Jam Sta. Rosa

MANILA, Philippines — Justice Secretary Jesus Crispin Remulla said the government is not protecting former President Rodrigo Duterte from the International Criminal Court’s investigation into the ex-chief executive’s brutal anti-drugs campaign.

In an interview with veteran journalist Malou Mangahas that premiered late Saturday night, Remulla denied shielding anyone from the ICC’s probe as he urged the Hague-based tribunal to share evidence with the Philippine government.

“We are not shielding anyone here, Malou,” Remulla said in Filipino. “If they have evidence that they want to share with us that will help us with our investigation, why not?”

“Why do they have to prosecute in their own court? We have our own courts here,” he continued. “We have our own judicial system. If they want to prosecute someone, let them show the evidence, provide this to us and we will prosecute because we have the responsibility over our country.”

Much like the family of his principal, President Ferdinand "Bongbong" Marcos Jr., Remulla's clan is a close ally of Duterte, having supported his successful presidential bid in 2016. 

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Remulla previously said that the justice department does not welcome the ICC’s move to allow its prosecutor Karim Khan to reopen the probe into the Duterte administration’s “war on drugs” as he claimed that the tribunal does not have jurisdiction over the country.

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Duterte pulled the Philippines out of the ICC in 2019 after its former prosecutor, Fatou Bensouda, opened a preliminary examination into the “drug war.”

While the Philippines has since not recognized the ICC, the court still has jurisdiction over crimes committed while the country was a state party as provided under the Rome Statute that created the tribunal.

FACT CHECK: Philippines has obligations despite leaving ICC in 2019

But Remulla said this provision in the treaty that the Philippines bound itself to is “hard to apply.”

“It’s not practical, it’s not beneficial, it’s not necessary in our situation now,” he said.

Set up in 2002 to probe the world’s worst crimes, the ICC is a “court of last resort” that intervenes only when countries are unwilling or unable to prosecute offenders.

Government data show that over 6,000 people were killed in the Duterte administration’s “war on drugs.” Rights groups, however, say that up to 30,000 may have been killed.

There were only two convictions of law enforcers involved in the "drug war" — the murder of 17-year-old Kian Delos Santos, and the torture and frame-up of 19-year-old Carl Arnaiz and 14-year-old Reynaldo “Kulot” de Guzman

Duterte said he will never cooperate with the ICC’s probe into his administration’s “war on drugs.” Meanwhile, Sen. Ronald dela Rosa, the campaign’s architect, said his participation will depend if the Marcos administration will cooperate. 

RELATED: Duterte rejects cooperation in ICC probe, while Dela Rosa looks to Marcos

Marcos vowed to continue the drug war but with a focus on prevention and rehabilitation. He has, so far, ruled out rejoining the ICC. — Xave Gregorio with a report from Gaea Katreena Cabico

   

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